Senate File 476 H-1341 Amend Senate File 476, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT 6 Section 1. Section 9E.1, Code 2021, is amended to read as 7 follows: 8 9E.1 Purpose. 9 The general assembly finds that individuals attempting to 10 escape from actual or threatened domestic abuse, domestic 11 abuse assault, sexual abuse, assault, stalking, or human 12 trafficking frequently establish new addresses in order to 13 prevent their assailants or probable assailants from finding 14 them. The purpose of this chapter is to enable state and local 15 agencies to respond to requests for data without disclosing 16 the location of a victim of domestic abuse, domestic abuse 17 assault, sexual abuse, assault, stalking, or human trafficking; 18 to enable interagency cooperation with the secretary of state 19 in providing address confidentiality for victims of domestic 20 abuse, domestic abuse assault, sexual abuse, assault, stalking, 21 or human trafficking; and to enable program participants to use 22 an address designated by the secretary of state as a substitute 23 mailing address for the purposes specified in this chapter . 24 In addition, the purpose of this chapter is to prevent such 25 victims from being physically located through a public records 26 search. 27 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 28 is amended to read as follows: 29 a. “Eligible person” means a person who is all a resident of 30 this state, an adult, a minor, or an incapacitated person as 31 defined in section 633.701, and is one of the following: 32 (1) A resident of this state. 33 (2) An adult, a minor, or an incapacitated person as defined 34 in section 633.701 . 35 -1- SF476.1764 (4) 89 cm/rh 1/ 29 #1.

(3) A victim of domestic abuse, domestic abuse assault, 1 sexual abuse, assault, stalking, or human trafficking as 2 evidenced by the filing of a petition pursuant to section 236.3 3 or a criminal complaint or information pursuant to section 4 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 5 in chapter 709 . 6 (2) A currently active or retired state or local judicial 7 officer, as defined in section 4.1, a federal judge, or a 8 spouse or child of such a person. 9 (3) A currently active or retired state or local prosecuting 10 attorney, as defined in section 801.4, or a spouse or child of 11 such a person. 12 (4) A currently active or retired peace officer, as defined 13 in section 801.4, civilian employee of a law enforcement 14 agency, or a spouse or child of such a person. 15 Sec. 3. Section 9E.3, subsection 1, paragraph b, 16 subparagraph (1), subparagraph division (a), Code 2021, is 17 amended to read as follows: 18 (a) The eligible person listed on the application is a 19 victim of domestic abuse, domestic abuse assault, sexual abuse, 20 assault, stalking, or human trafficking. 21 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 22 is amended to read as follows: 23 e. The residential address of the eligible person, 24 disclosure of which could lead to an increased risk of domestic 25 abuse, domestic abuse assault, sexual abuse, assault, stalking, 26 or human trafficking. 27 Sec. 5. Section 9E.7, Code 2021, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4A. Upon request by a program participant, 30 the assessor or the assessor’s staff shall redact the 31 requestor’s name contained in electronic documents that 32 are displayed for public access through an internet site. 33 The assessor shall implement and maintain a process to 34 facilitate these requests. A fee shall not be charged for the 35 -2- SF476.1764 (4) 89 cm/rh 2/ 29

administration of this paragraph. 1 Sec. 6. Section 22.10, subsection 3, paragraph b, 2 subparagraph (2), Code 2021, is amended to read as follows: 3 (2) Had good reason to believe and in good faith believed 4 facts which, if true, would have indicated compliance with the 5 requirements of this chapter . It shall constitute such good 6 reason and good faith belief and a court shall not assess any 7 damages, costs, or fees under this subsection if the person 8 incorrectly balanced the right of the public to receive public 9 records against the rights and obligations of the government 10 body to maintain confidential records as provided in section 11 22.7 under any judicially created balancing test, unless the 12 person is unable to articulate any reasonable basis for such 13 balancing. 14 Sec. 7. Section 331.604, subsection 3, Code 2021, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . f. (1) Upon request by a peace officer, 17 as defined in section 801.4, civilian employee of a law 18 enforcement agency, or state or federal judicial officer 19 or state or federal prosecutor, the county assessor or the 20 county assessor’s staff, or the county recorder or the county 21 recorder’s staff, shall redact the requestor’s name contained 22 in electronic documents that are displayed for public access 23 through an internet site. 24 (2) Upon request by a former peace officer, as defined 25 in section 801.4, or a former civilian employee of a law 26 enforcement agency, the county assessor or the county 27 assessor’s staff, or the county recorder or the county 28 recorder’s staff, may redact, upon the presentation of evidence 29 that a compelling safety interest is served by doing so, the 30 requestor’s name contained in electronic documents that are 31 displayed for public access through an internet site. 32 (3) This paragraph does not apply to a requestor holding or 33 seeking public office. 34 (4) The county assessor and the county recorder shall 35 -3- SF476.1764 (4) 89 cm/rh 3/ 29

implement and maintain a process to facilitate requests 1 pursuant to this paragraph. 2 (5) A fee shall not be charged for the administration of 3 this paragraph. 4 DIVISION II 5 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 6 Sec. 8. Section 554.9510, subsection 1, Code 2021, is 7 amended to read as follows: 8 1. Filed record effective if authorized. A filed record 9 is effective only to the extent that it was filed by a person 10 that may file it under section 554.9509 or by the filing office 11 under section 554.9513A . 12 Sec. 9. NEW SECTION . 554.9513A Termination of wrongfully 13 filed financing statement —— reinstatement. 14 1. Trusted filer. “Trusted filer” means a person that does 15 any of the following: 16 a. Regularly causes records to be communicated to the 17 filing office for filing and has provided the filing office 18 with current contact information and information sufficient to 19 establish the person’s identity. 20 b. Satisfies either of the following conditions: 21 (1) The filing office has issued the person credentials for 22 access to online filing services. 23 (2) The person has established a prepaid or direct debit 24 account for payment of filing fees, regardless of whether the 25 account is used in a particular transaction. 26 2. Affidavit of wrongful filing. A person identified as 27 debtor in a filed financing statement may deliver to the 28 filing office a notarized, sworn affidavit that identifies the 29 financing statement by file number, indicates the affiant’s 30 mailing address, and states that the affiant believes that 31 the filed record identifying the affiant as debtor was not 32 authorized to be filed and was caused to be communicated to the 33 filing office with the intent to harass or defraud the affiant. 34 The filing office may reject an affidavit that is incomplete or 35 -4- SF476.1764 (4) 89 cm/rh 4/ 29

that it believes was delivered to it with the intent to harass 1 or defraud the secured party. The office of the secretary 2 of state shall adopt a form of affidavit for use under this 3 section. 4 3. Termination statement by filing office. Subject to 5 subsection 11, if an affidavit is delivered to the filing 6 office under subsection 2, the filing office shall promptly 7 file a termination statement with respect to the financing 8 statement identified in the affidavit. The termination 9 statement must identify by its file number the initial 10 financing statement to which it relates and must indicate that 11 it was filed pursuant to this section. A termination statement 12 filed under this subsection is not effective until ninety days 13 after it is filed. 14 4. No fee charged or refunded. The filing office shall not 15 charge a fee for the filing of an affidavit under subsection 16 2 or a termination statement under subsection 3. The filing 17 office shall not return any fee paid for filing the financing 18 statement identified in the affidavit, whether or not the 19 financing statement is reinstated under subsection 7. 20 5. Notice of termination statement. On the same day that a 21 filing office files a termination statement under subsection 22 3, the filing office shall send to the secured party of record 23 for the financing statement to which the termination statement 24 relates a notice stating that the termination statement 25 has been filed and will become effective ninety days after 26 filing. The notice shall be sent by certified mail, return 27 receipt requested, to the address provided for the secured 28 party of record in the financing statement with a copy sent by 29 electronic mail to the electronic mail address provided by the 30 secured party of record, if any. 31 6. Administrative review —— action for reinstatement. A 32 secured party that believes in good faith that the filed record 33 identified in an affidavit delivered to the filing office under 34 subsection 2 was authorized to be filed and was not caused to 35 -5- SF476.1764 (4) 89 cm/rh 5/ 29

be communicated to the filing office with the intent to harass 1 or defraud the affiant may: 2 a. Before the termination statement takes effect, request 3 that the filing office conduct an expedited review of the 4 filed record and any documentation provided by the secured 5 party. The filing office may as a result of this review remove 6 from the record the termination statement filed by it under 7 subsection 3 before the termination statement takes effect and 8 conduct an administrative review under subsection 11. 9 b. File an action against the filing office seeking 10 reinstatement of the financing statement to which the filed 11 record relates at any time before the expiration of six months 12 after the date on which the termination statement filed under 13 subsection 3 becomes effective. If the affiant is not named as 14 a defendant in the action, the secured party shall send a copy 15 of the petition to the affiant at the address indicated in the 16 affidavit. The exclusive venue for the action shall be in the 17 district court for the county where the filing office in which 18 the financing statement was filed is located. The action shall 19 be considered by the court on an expedited basis. 20 7. Filing office to file notice of action for 21 reinstatement. Within ten days after being served with process 22 in an action under subsection 6, the filing office shall file 23 a notice indicating that the action has been commenced. The 24 notice must indicate the file number of the initial financing 25 statement to which the notice relates. 26 8. Action for reinstatement successful. If, in an action 27 under subsection 6, the court determines that the financing 28 statement was authorized to be filed and was not caused to be 29 communicated to the filing office with the intent to harass or 30 defraud the affiant, the court shall order that the financing 31 statement be reinstated. If an order of reinstatement is 32 issued by the court, the filing office shall promptly file a 33 record that identifies by its file number the initial financing 34 statement to which the record relates and indicates that the 35 -6- SF476.1764 (4) 89 cm/rh 6/ 29

financing statement has been reinstated. 1 9. Effect of reinstatement. Upon the filing of a record 2 reinstating a financing statement under subsection 8, the 3 effectiveness of the financing statement is reinstated and the 4 financing statement shall be considered never to have been 5 terminated under this section except as against a purchaser of 6 the collateral that gives value in reasonable reliance upon 7 the termination. A continuation statement filed as provided 8 in section 554.9515, subsection 4, after the effective date of 9 a termination statement filed under subsection 3 or 11 becomes 10 effective if the financing statement is reinstated. 11 10. Liability for wrongful filing. If, in an action under 12 subsection 6, the court determines that the filed record 13 identified in an affidavit delivered to the filing office under 14 subsection 2 was caused to be communicated to the filing office 15 with the intent to harass or defraud the affiant, the filing 16 office and the affiant may recover from the secured party that 17 filed the action the costs and expenses, including reasonable 18 attorney fees and the reasonable allocated costs of internal 19 counsel, that the filing office and the affiant incurred in the 20 action. This recovery is in addition to any recovery to which 21 the affiant is entitled under section 554.9625. 22 11. Procedure for record filed by trusted filer. If an 23 affidavit delivered to a filing office under subsection 2 24 relates to a filed record communicated to the filing office by 25 a trusted filer, the filing office shall promptly send to the 26 secured party of record a notice stating that the affidavit has 27 been delivered to the filing office and that the filing office 28 is conducting an administrative review to determine whether the 29 record was caused to be communicated with the intent to harass 30 or defraud the affiant. The notice shall be sent by certified 31 mail, return receipt requested, to the address provided for 32 the secured party in the financing statement with a copy sent 33 by electronic mail to the electronic mail address provided 34 by the secured party of record, if any, and a copy shall be 35 -7- SF476.1764 (4) 89 cm/rh 7/ 29

sent in the same manner to the affiant. The administrative 1 review shall be conducted on an expedited basis and the filing 2 office may require the affiant and the secured party of record 3 to provide any additional information that the filing office 4 deems appropriate. If the filing office concludes that the 5 record was caused to be communicated with the intent to harass 6 or defraud the affiant, the filing office shall promptly file a 7 termination statement under subsection 2 that will be effective 8 immediately and send to the secured party of record the notice 9 required by subsection 5. The secured party may thereafter 10 file an action for reinstatement under subsection 6 and the 11 provisions of subsections 7 through 10 are applicable. 12 Sec. 10. NEW SECTION . 714.29 Records filed with intent to 13 harass or defraud. 14 1. A person shall not cause to be communicated to the filing 15 office as defined in section 554.9102 for filing a record if 16 all of the following are true: 17 a. The person is not authorized to file the record under 18 section 554.9509. 19 b. The record is not related to an existing or anticipated 20 transaction that is or will be governed by chapter 554, article 21 9. 22 c. The record is filed with the intent to harass or defraud 23 the person identified as debtor in the record. 24 2. A person that violates subsection 1 is guilty of a simple 25 misdemeanor for a first offense and a serious misdemeanor for a 26 second or subsequent offense. 27 DIVISION III 28 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 29 Sec. 11. NEW SECTION . 70A.23A Credit for accrued sick leave 30 —— retired public safety employees. 31 A public safety employee, as defined in section 20.3, 32 subsection 11, who retires and has applied for retirement 33 benefits under an eligible retirement system, shall receive 34 credit for all accumulated, unused sick leave which shall be 35 -8- SF476.1764 (4) 89 cm/rh 8/ 29

converted at current value and credited to an account for the 1 public safety employee for the purpose of paying the public 2 safety employee’s cost of the monthly premiums for continuance 3 of the public safety employee’s health insurance plan. Upon 4 the death of a retired public safety employee, the surviving 5 spouse or dependents shall be entitled to the value of the 6 accumulated unused sick leave for the purpose of paying the 7 cost of monthly premiums for continuation of a public safety 8 employee’s health insurance policy for the public safety 9 employee’s surviving spouse or dependents. 10 DIVISION IV 11 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 12 Sec. 12. Section 97A.6, subsection 11, Code 2021, is amended 13 to read as follows: 14 11. Pensions offset by compensation benefits. 15 a. Any amounts which may be paid or payable by the state 16 under the provisions of any workers’ compensation or similar 17 law to a member or to the dependents of a member on account of 18 any disability or death, shall be offset against and payable 19 in lieu of any benefits payable out of the retirement fund 20 provided by the state under the provisions of this chapter on 21 account of the same disability or death. In case the present 22 value of the total commuted benefits under said workers’ 23 compensation or similar law is less than the present value 24 of the benefits otherwise payable from the retirement fund 25 provided by the state under this chapter , then the present 26 value of the commuted payments shall be deducted from the 27 pension payable and such benefits as may be provided by the 28 system so reduced shall be payable under the provisions of this 29 chapter . 30 b. Notwithstanding paragraph “a” , any workers’ compensation 31 benefits received by a member for past medical expenses or 32 future medical expenses shall not be offset against and not 33 considered payable in lieu of any retirement allowance payable 34 pursuant to this section on account of the same disability. 35 -9- SF476.1764 (4) 89 cm/rh 9/ 29

c. Notwithstanding paragraph “a” , any workers’ compensation 1 benefits received by a member for reimbursement of vacation 2 time used, sick time used, or for any unpaid time off from work 3 shall not be offset against and not considered payable in lieu 4 of any retirement allowance payable pursuant to this section on 5 account of the same disability. 6 Sec. 13. Section 97B.50A, subsection 5, Code 2021, is 7 amended to read as follows: 8 5. Offset to allowance. 9 a. Notwithstanding any provisions to the contrary in state 10 law, or any applicable contract or policy, any amounts which 11 may be paid or payable by the employer under any workers’ 12 compensation, unemployment compensation, employer-paid 13 disability plan, program, or policy, or other law to a member, 14 and any disability payments the member receives pursuant to 15 the federal Social Security Act, 42 U.S.C. §423 et seq., 16 shall be offset against and payable in lieu of any retirement 17 allowance payable pursuant to this section on account of the 18 same disability. 19 b. Notwithstanding paragraph “a” , any workers’ compensation 20 benefits received by a member for past medical expenses or 21 future medical expenses shall not be offset against and not 22 considered payable in lieu of any retirement allowance payable 23 pursuant to this section on account of the same disability. 24 c. Notwithstanding paragraph “a” , any workers’ compensation 25 benefits received by a member for reimbursement of vacation 26 time used, sick time used, or for any unpaid time off from work 27 shall not be offset against and not considered payable in lieu 28 of any retirement allowance payable pursuant to this section on 29 account of the same disability. 30 DIVISION V 31 CIVIL SERVICE COMMISSION EXAMINATIONS 32 Sec. 14. Section 400.8, subsection 2, Code 2021, is amended 33 to read as follows: 34 2. The commission shall establish the guidelines for 35 -10- SF476.1764 (4) 89 cm/rh 10/ 29

conducting the examinations under subsection 1 of this section . 1 It may prepare and administer the examinations or may The 2 commission shall hire persons with expertise to do so if the 3 commission approves the examinations prepare and administer 4 the examinations approved by the commission . It may also 5 hire persons with expertise to consult in the preparation of 6 such examinations if the persons so hired are employed to aid 7 personnel of the commission in assuring that a fair examination 8 is conducted. A fair examination shall explore the competence 9 of the applicant in the particular field of examination. 10 Sec. 15. Section 400.9, subsection 2, Code 2021, is amended 11 to read as follows: 12 2. The commission shall establish guidelines for conducting 13 the examinations under subsection 1 . It may prepare and 14 administer the examinations or may The commission shall hire 15 persons with expertise to do so if the commission approves 16 the examinations and if the examinations apply to prepare and 17 administer the examinations approved by the commission for 18 the position in the city for which the applicant is taking 19 the examination. It may also hire persons with expertise to 20 consult in the preparation of such examinations if the persons 21 so hired are employed to aid personnel of the commission 22 in assuring that a fair examination is conducted. A fair 23 examination shall explore the competence of the applicant in 24 the particular field of examination. The names of persons 25 approved to administer any examination under this section shall 26 be posted in the city hall at least twenty-four hours prior to 27 the examination. 28 DIVISION VI 29 LAW ENFORCEMENT —— ELUDING LAW ENFORCEMENT —— CARRYING FIREARMS 30 Sec. 16. Section 321.279, Code 2021, is amended to read as 31 follows: 32 321.279 Eluding or attempting to elude pursuing law 33 enforcement vehicle. 34 1. a. The driver of a motor vehicle commits a serious 35 -11- SF476.1764 (4) 89 cm/rh 11/ 29

misdemeanor if the driver willfully fails to bring the motor 1 vehicle to a stop or otherwise eludes or attempts to elude a 2 marked or unmarked official law enforcement vehicle driven by a 3 uniformed peace officer after being given a visual and audible 4 signal to stop. The signal given by the peace officer shall 5 be by flashing red light, or by flashing red and blue lights, 6 and siren. For purposes of this section , “peace officer” means 7 those officers designated under section 801.4, subsection 11 , 8 paragraphs “a” , “b” , “c” , “f” , “g” , and “h” . 9 b. The driver of a motor vehicle who commits a second or 10 subsequent violation under this subsection is, upon conviction, 11 guilty of an aggravated misdemeanor. 12 2. a. The driver of a motor vehicle commits an aggravated 13 misdemeanor if the driver willfully fails to bring the motor 14 vehicle to a stop or otherwise eludes or attempts to elude a 15 marked or unmarked official law enforcement vehicle that is 16 driven by a uniformed peace officer after being given a visual 17 and audible signal as provided in this section and in doing so 18 exceeds the speed limit by twenty-five miles per hour or more. 19 b. The driver of a motor vehicle who commits a violation 20 under this subsection and who has previously committed a 21 violation under this subsection or subsection 3 is, upon 22 conviction, guilty of a class “D” felony. 23 3. a. The driver of a motor vehicle commits a class “D” 24 felony if the driver willfully fails to bring the motor vehicle 25 to a stop or otherwise eludes or attempts to elude a marked or 26 unmarked official law enforcement vehicle that is driven by a 27 uniformed peace officer after being given a visual and audible 28 signal as provided in this section , and in doing so exceeds the 29 speed limit by twenty-five miles per hour or more, and if any 30 of the following occurs: 31 (1) The driver is participating in a public offense, as 32 defined in section 702.13 , that is a felony. 33 (2) The driver is in violation of section 321J.2 . 34 (3) The driver is in violation of section 124.401 . 35 -12- SF476.1764 (4) 89 cm/rh 12/ 29

(4) The offense results in bodily injury to a person other 1 than the driver. 2 b. The driver of a motor vehicle who commits a second or 3 subsequent violation under this subsection is, upon conviction, 4 guilty of a class “C” felony. 5 Sec. 17. NEW SECTION . 724.4D Authority to carry firearm 6 —— peace officers. 7 A peace officer shall not be prohibited from carrying a 8 firearm while engaged in the performance of official duties. 9 DIVISION VII 10 ASSAULTS INVOLVING LASERS 11 Sec. 18. Section 708.1, subsection 2, Code 2021, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . d. (1) Intentionally points a laser 14 emitting a visible light beam at another person with the intent 15 to cause pain or injury to another. For purposes of this 16 paragraph, “laser” means a device that emits a visible light 17 beam amplified by the stimulated emission of radiation and any 18 light which simulates the appearance of a laser. 19 (2) This paragraph does not apply to any of the following: 20 (a) A law enforcement officer who uses a laser in 21 discharging or attempting to discharge the officer’s official 22 duties. 23 (b) A health care professional who uses a laser in providing 24 services within the scope of practice of that professional or 25 any other person who is licensed or authorized by law to use a 26 laser or who uses a laser in the performance of the person’s 27 official duties. 28 (c) A person who uses a laser to play laser tag, paintball, 29 and other similar games using light-emitting diode technology. 30 DIVISION VIII 31 ASSAULT —— HARASSMENT —— CRIMINAL MISCHIEF —— DISORDERLY 32 CONDUCT 33 Sec. 19. Section 321.366, subsection 1, Code 2021, is 34 amended by adding the following new paragraph: 35 -13- SF476.1764 (4) 89 cm/rh 13/ 29

NEW PARAGRAPH . g. Operate a bicycle, skateboard, or other 1 pedestrian conveyance or be a pedestrian anywhere on a fully 2 controlled-access facility. For purposes of this paragraph, 3 “pedestrian conveyance” means any human-powered device by which 4 a pedestrian may move other than by walking or by which a 5 walking person may move another pedestrian, including but not 6 limited to strollers and wheelchairs. 7 Sec. 20. Section 708.3A, subsections 1, 2, 3, and 4, Code 8 2021, are amended to read as follows: 9 1. A person who commits an assault, as defined in section 10 708.1 , against a peace officer, jailer, correctional staff, 11 member or employee of the board of parole, health care 12 provider, employee of the department of human services, 13 employee of the department of revenue, civilian employee of a 14 law enforcement agency, civilian employee of a fire department, 15 or fire fighter, whether paid or volunteer, with the knowledge 16 that the person against whom the assault is committed is a 17 peace officer, jailer, correctional staff, member or employee 18 of the board of parole, health care provider, employee of 19 the department of human services, employee of the department 20 of revenue, civilian employee of a law enforcement agency, 21 civilian employee of a fire department, or fire fighter and 22 with the intent to inflict a serious injury upon the peace 23 officer, jailer, correctional staff, member or employee of 24 the board of parole, health care provider, employee of the 25 department of human services, employee of the department 26 of revenue, civilian employee of a law enforcement agency, 27 civilian employee of a fire department, or fire fighter, is 28 guilty of a class “D” felony. 29 2. A person who commits an assault, as defined in section 30 708.1 , against a peace officer, jailer, correctional staff, 31 member or employee of the board of parole, health care 32 provider, employee of the department of human services, 33 employee of the department of revenue, civilian employee of a 34 law enforcement agency, civilian employee of a fire department, 35 -14- SF476.1764 (4) 89 cm/rh 14/ 29

or fire fighter, whether paid or volunteer, who knows that 1 the person against whom the assault is committed is a peace 2 officer, jailer, correctional staff, member or employee of 3 the board of parole, health care provider, employee of the 4 department of human services, employee of the department 5 of revenue, civilian employee of a law enforcement agency, 6 civilian employee of a fire department, or fire fighter and 7 who uses or displays a dangerous weapon in connection with the 8 assault, is guilty of a class “D” felony. 9 3. A person who commits an assault, as defined in section 10 708.1 , against a peace officer, jailer, correctional staff, 11 member or employee of the board of parole, health care 12 provider, employee of the department of human services, 13 employee of the department of revenue, civilian employee of a 14 law enforcement agency, civilian employee of a fire department, 15 or fire fighter, whether paid or volunteer, who knows that 16 the person against whom the assault is committed is a peace 17 officer, jailer, correctional staff, member or employee of 18 the board of parole, health care provider, employee of the 19 department of human services, employee of the department 20 of revenue, civilian employee of a law enforcement agency, 21 civilian employee of a fire department, or fire fighter, and 22 who causes bodily injury or mental illness, is guilty of an 23 aggravated misdemeanor. 24 4. Any other assault, as defined in section 708.1 , committed 25 against a peace officer, jailer, correctional staff, member 26 or employee of the board of parole, health care provider, 27 employee of the department of human services, employee of the 28 department of revenue, civilian employee of a law enforcement 29 agency, civilian employee of a fire department, or fire 30 fighter, whether paid or volunteer, by a person who knows 31 that the person against whom the assault is committed is a 32 peace officer, jailer, correctional staff, member or employee 33 of the board of parole, health care provider, employee of 34 the department of human services, employee of the department 35 -15- SF476.1764 (4) 89 cm/rh 15/ 29

of revenue, civilian employee of a law enforcement agency, 1 civilian employee of a fire department, or fire fighter, is a 2 serious misdemeanor. 3 Sec. 21. Section 708.7, subsection 2, paragraph a, Code 4 2021, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (4) Harassment that occurs against 6 another person who is lawfully in a place of public 7 accommodation as defined in section 216.2. 8 Sec. 22. Section 716.4, subsection 1, Code 2021, is amended 9 to read as follows: 10 1. Criminal mischief is criminal mischief in the second 11 degree if the any of the following apply: 12 a. The cost of replacing, repairing, or restoring the 13 property that is damaged, defaced, altered, or destroyed 14 exceeds one thousand five hundred dollars but does not exceed 15 ten thousand dollars. 16 b. The acts damaged, defaced, altered, or destroyed any 17 publicly owned property, including a monument or statue. In 18 addition to any sentence imposed for a violation of this 19 paragraph, the court shall include an order of restitution 20 for any property damage or loss incurred as a result of the 21 offense. 22 Sec. 23. Section 723.4, Code 2021, is amended by striking 23 the section and inserting in lieu thereof the following: 24 723.4 Disorderly conduct. 25 1. A person commits a simple misdemeanor when the person 26 does any of the following: 27 a. Engages in fighting or violent behavior in any public 28 place or in or near any lawful assembly of persons, provided, 29 that participants in athletic contests may engage in such 30 conduct which is reasonably related to that sport. 31 b. Makes loud and raucous noise in the vicinity of any 32 residence or public building which intentionally or recklessly 33 causes unreasonable distress to the occupants thereof. 34 c. Directs abusive epithets or makes any threatening gesture 35 -16- SF476.1764 (4) 89 cm/rh 16/ 29

which the person knows or reasonably should know is likely to 1 provoke a violent reaction by another. 2 d. Without lawful authority or color of authority, the 3 person disturbs any lawful assembly or meeting of persons by 4 conduct intended to disrupt the meeting or assembly. 5 e. By words or action, initiates or circulates a report or 6 warning of fire, epidemic, or other catastrophe, knowing such 7 report to be false or such warning to be baseless. 8 f. (1) Knowingly and publicly uses the flag of the United 9 States in such a manner as to show disrespect for the flag as 10 a symbol of the United States, with the intent or reasonable 11 expectation that such use will provoke or encourage another to 12 commit trespass or assault. 13 (2) As used in this paragraph: 14 (a) “Deface” means to intentionally mar the external 15 appearance. 16 (b) “Defile” means to intentionally make physically unclean. 17 (c) “Flag” means a piece of woven cloth or other material 18 designed to be flown from a pole or mast. 19 (d) “Mutilate” means to intentionally cut up or alter so as 20 to make imperfect. 21 (e) “Show disrespect” means to deface, defile, mutilate, or 22 trample. 23 (f) “Trample” means to intentionally tread upon or 24 intentionally cause a machine, vehicle, or animal to tread 25 upon. 26 (3) This paragraph does not apply to a flag retirement 27 ceremony conducted pursuant to federal law. 28 2. A person commits a serious misdemeanor when the person, 29 without lawful authority or color of authority, obstructs any 30 street, sidewalk, highway, or other public way, with the intent 31 to prevent or hinder its lawful use by others. 32 3. A person commits an aggravated misdemeanor when the 33 person commits disorderly conduct as described in subsection 2 34 and does any of the following: 35 -17- SF476.1764 (4) 89 cm/rh 17/ 29

a. Obstructs or attempts to obstruct a fully 1 controlled-access facility on a highway, street, or road in 2 which the speed restriction is controlled by section 321.285, 3 subsection 3, or section 321.285, subsection 5. 4 b. Commits property damage. 5 c. Is present during an unlawful assembly as defined in 6 section 723.2. 7 4. A person commits a class “D” felony when the person 8 commits disorderly conduct as described in subsection 2 and 9 does any of the following: 10 a. Is present during a riot as defined in section 723.1. 11 b. Causes bodily injury. 12 5. A person commits a class “C” felony when the person 13 commits disorderly conduct as described in subsection 2 and the 14 person causes serious bodily injury or death. 15 DIVISION IX 16 ENFORCEMENT OF LAWS 17 Sec. 24. NEW SECTION . 27B.1 Definitions. 18 1. “Local entity” means the governing body of a city or 19 county. “Local entity” includes an officer or employee of a 20 local entity or a division, department, or other body that is 21 part of a local entity, including but not limited to a sheriff, 22 police department, city attorney, or county attorney. 23 2. “Policy” includes a rule, procedure, regulation, order, 24 ordinance, motion, resolution, or amendment, whether formal and 25 written or informal and unwritten. 26 Sec. 25. NEW SECTION . 27B.2 Restriction on enforcement of 27 state, local, and municipal law prohibited. 28 A local entity or law enforcement department shall not 29 adopt or enforce a policy or take any other action under which 30 the local entity or law enforcement department prohibits or 31 discourages the enforcement of state, local, or municipal laws. 32 Sec. 26. NEW SECTION . 27B.3 Discrimination prohibited. 33 A local entity or a person employed by or otherwise under the 34 direction or control of a local entity shall not consider race, 35 -18- SF476.1764 (4) 89 cm/rh 18/ 29

skin color, language spoken, or national origin while enforcing 1 state, local, and municipal laws except to the extent permitted 2 by the Constitution of the United States or the Constitution of 3 the State of Iowa. 4 Sec. 27. NEW SECTION . 27B.4 Complaints —— notification —— 5 civil action. 6 1. Any person may file a complaint with the attorney general 7 alleging that a local entity has violated or is violating 8 this chapter if the person offers evidence to support such an 9 allegation. The person shall include with the complaint any 10 evidence the person has in support of the complaint. 11 2. A local entity for which the attorney general has 12 received a complaint pursuant to this section shall comply 13 with any document requests, including a request for supporting 14 documents, from the attorney general relating to the complaint. 15 3. A complaint filed pursuant to subsection 1 shall not be 16 valid unless the attorney general determines that a violation 17 of this chapter by a local entity was intentional. 18 4. If the attorney general determines that a complaint filed 19 pursuant to this section against a local entity is valid, the 20 attorney general, not later than ten days after the date of 21 such a determination, shall provide written notification to the 22 local entity by certified mail, with return receipt requested, 23 stating all of the following: 24 a. A complaint pursuant to this section has been filed and 25 the grounds for the complaint. 26 b. The attorney general has determined that the complaint is 27 valid. 28 c. The attorney general is authorized to file a civil 29 action in district court pursuant to subsection 6 to enjoin a 30 violation of this chapter no later than forty days after the 31 date on which the notification is received if the local entity 32 does not come into compliance with the requirements of this 33 chapter . 34 d. The local entity and any entity that is under the 35 -19- SF476.1764 (4) 89 cm/rh 19/ 29